Nepal - 2011

Population:
Capital: Kathmandu

reported violations - 2011

Documented violations - actual number of cases may be higher

Background

Nepal saw political instability in 2010. The prime minister, Madav Kumar, resigned on 30 June under pressure from the Maoists, who were demanding a reshaping of part of the government. At the end of December he had still not been replaced and Nepal was still being run by a transitional government. The Constituent Assembly was not able to meet the 28 May deadline to draft a new constitution, one of the most important stages in the peace process. Negotiations were stalled by tensions between the parties over issues such as power sharing and the integration of Maoist fighters into the state security forces. A last-minute deal was, however, reached to extend the mandate of the Constituent Assembly for another year. The many human rights violations committed during and after the civil war remain largely unpunished.

Trade union rights in law

Although basic trade union rights are guaranteed, excessive restrictions apply. The right to freedom of association freedom of association The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.

See Guide to the ITUC international trade union rights framework
is established in both the interim Constitution of 2007 and the Labour Act, but non-nationals may not be elected as trade union officials. The thresholds for union formation as well as for the creation of federations and confederations are excessively high, and a maximum of four unions are allowed per enterprise. Workers, including civil servants, have the right to join a union and to bargain collectively, and the latter right has also been extended to federations and confederations. However, the right to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
is limited, and the government may stop a strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
or suspend a trade union’s activities if the strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
disturbs the peace or is deemed to adversely affect the interests of the nation. Also, to call a strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
, 60% of the union’s membership must agree on the action in a secret ballot, and the union must announce the strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
at least 30 days in advance. Strikes are banned for workers in charge of security or surveillance teams in a company and for workers in “essential services essential services Services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. Can include the hospital sector, electricity and water supply services, and air traffic control. Strikes can be restricted or even prohibited in essential services.

See Guide to the ITUC international trade union rights framework
”, which are broadly defined to include sectors such as banking and hotels.

Violations

Threats and attacks levelled against members of democratic trade unions:

Members of the ITUC-affiliated organisations continued to face relentless threats and a number of attacks at the hands of members of the Maoist trade union ANFTU (All Nepal Federation of Trade Unions) or the Young Communist League, a branch of the Maoist party. The leaders of the ANFTU union centre recognised they have some difficulty controlling their members on the ground, but have expressed their will to evolve toward a peaceful trade union movement.

The General Federation of Nepalese Trade Unions (GEFONT) reported, for example, that during the second week of April, Singh Lama, president of its affiliate in the textile sector, was attacked by Maoist trade unionists over his union’s refusal to take part in a Maoist party activity. On 21 April, members of the Maoist union vandalised the office of the NICIWU (Nepal Independent Chemical Iron Workers’ Union) affiliated to GEFONT. On 6 May, during the general strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
, armed Maoists stormed the Gorkha district office of another GEFONT affiliate, the ITWA (Independent Transport Workers’ Association), leaving behind a trail of damage. In November, two GEFONT members were dismissed by the management at the Hyatt Kathmandu hotel under pressure from the Maoist union following their refusal to join their organisation. GEFONT took this case to court and secured the reinstatement of its members in December.

The NTUC-I (Nepal Trade Union Congress - Independent) also reported several cases of violence and intimidation by Maoists. The president of its union at the Hyatt Kathmandu hotel, Rajendra Khadga, was forced to become a member of the Maoist union or lose his job. Bipin Sahi, president of the NTUC-I affiliated union at the Radisson hotel in Kathmandu suffered the same fate. Ram Bahu Sah, a member of the NTUC-I at the Triveni Simpex factory in Birgunj was also threatened by Maoist trade unionists when formulating demands on behalf of the workers. The NTUC-I also reported an attack by Maoist trade unionists against several of its members who were taking part, on 10 October, in a trade union activity held by its affiliate, NTHCRWU (Nepal Tourism, Hotel, Casino and Restaurant Workers’ Union), at the Himalaya hotel in Lalitpur. Several trade union leaders had to be hospitalised following this assault. A social event held by the union affiliated to the NTUC-I at the Yak and Yeti hotel in Kathmandu was disrupted by members of the Maoist trade union movement.

Judicial rulings ignored and unionists discriminated against: The General Federation of Nepalese Trade Unions (GEFONT) reported that Khimti Servisage, a firm supplying labour to Himal Power Limited, ignored a court order issued during the first quarter to reinstate two union members, Dhruba Prasad Fuyal and Maghraj Dahal, sacked in 2008. GEFONT also reported discrimination against its members at the Gaida Wildlife Camp in Chitwan National Park and at the Mahashakti company, which closed down on 13 February.
Teachers Union of Nepal denied recognition: The government continues to undermine the negotiations and agreements concluded with organisations representing teachers, especially the Teachers Union of Nepal. This union is not recognised as such and is denied collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
rights. Over 20 teachers’ organisations have been formed since 2006, weakening the trade union movement.
Courts order reinstatement of unionists: Legal battles occasionally succeed in combating the anti-union practices deployed by employers. In July, for example, the General Federation of Nepalese Trade Unions (GEFONT), secured the reinstatement of 13 of its members who had been fired by the Self-Help Development Bank in 2001, shortly before they registered their union. They were reinstated in line with a Supreme Court ruling. In October, GEFONT also obtained a court ruling ordering the reinstatement, with back pay back pay Wages or benefits due an employee for past employment. Often awarded when the employee has been unfairly dismissed. Not to be confused with retroactive pay (delayed payment for work previously done at a lower wage rate). , of Bhim Bahadur, who had been dismissed on false grounds from a women’s centre in Lalitpur. GEFONT is convinced that the real grounds for his dismissal was his union involvement.

Briefings

Nepal: unions advocate peace to secure development
Nepal: unions advocate peace to secure development

Videos

The Cost of Living
The Cost of Living

Interviews

Spotlight interview with Umesh Upadhyaya (GEFONT - Nepal)
Spotlight interview with Umesh Upadhyaya (GEFONT - Nepal)
© ITUC-CSI-IGB 2010 | www.ituc-csi.org | Contact Design by Pixeleyes.be